FOOD INSPECTOR Vs. RAJENDER RATHORE & ORS

JUDGEMENT

(1.) The present appeal has been preferred by the State against the order dated 28th June, 2010 passed by Ld. ACMM-II/New Delhi in C.C. No. 85/97 whereby the complaint filed by the Food Inspector against the respondents under Section 2(ia)(a)(m) punishable under Section 16(1) read with section 7 of The Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the PFA Act) has been dismissed and the respondents have been acquitted.

(2.) The accused are allegedly said to have violated the provisions of Section 2 (ia)(a)(m) punishable u/s 16(1) read with Section 7 of the PFA Act and Rules.

(3.) The facts in brief are that a complaint was filed by the Delhi Administration through Local Health Authority R. K. Ahuja against the respondents alleging that on 12th February, 1997 at about 5.30 p.m. Food Inspector, Suniti Kumar Gupta purchased a sample of Pizza Cheese (Hard Cheese) for analysis from Shri Rajinder Rathore S/o Sh. Pudena Singh Rathore at M/s Premila's Cheese Co., 1B, Shahpur Jat, New Delhi-49 where the said food article was found stored for sale and Sh. Rajender Rathore was found conducting the business of the said shop. The sample consisted of 600 gms of Pizza Cheese (Hard Cheese) taken from a brick of cheese ready for sale, which was cut into small pieces in a clean and dry stainless steel tray with a clean and dry stainless steel knife and mixed with a clean and dry stainless steel spoon. The Food Inspector divided the sample into three equal parts and put them in three separate clean and dry bottles and 16 drops of formalin were added in each of the three bottles. Each bottle containing the sample was separately packed, fastened, marked and sealed according to the PFA Act and Rules. Vendor's signatures were obtained on the LHA slip and the wrapper of the sample bottles. Notice was served on the accused Rajender Rathore and the price of the sample was also paid to him. A Panchnama was also prepared. All the documents prepared by Shri Suniti Kumar Gupta, Food Inspector were signed by the accused Rajender Rathore and the other witness Sh. Rajesh Kumar. Before starting the sample proceedings, efforts were made to join the public witnesses but none came forward. The sample was taken under the supervision of Sh. R.K. Ahuja, LHA. One counterpart of the sample was sent to the Public Analyst in intact condition and two counterparts were deposited with the LHA in intact condition. The Public Analyst analysed the sample on 4th March, 1997 and opined that the sample does not conform to the standards laid down under item A.11.02.07 of Appendix "B" of the PFA Rules 1955 because moisture content is more than the prescribed limit of 43.0% and fat content is less than the minimum prescribed limit 42%.